Nj Protective Order by fut12872

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									PAUL H. PROCTOR (#2657)
REED T. WARNICK (#3391)
Assistant Attorneys General
Utah Committee of Consumer Services
MARK L. SHURTLEFF (#4666)
Attorney General
160 East 300 South
P.O. Box 140857
Salt Lake City, Utah 84114-0857
Telephone (801) 366-0353


         BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH


In the Matter of the Application of Beehive    )
Telephone Co., Inc. For a Certificate of       )    Docket No. 06-051-01
Public Convenience and Necessity to Provide    )
Local Exchange Services within the State       )
of Utah                                        )

In the Matter of the Application of All American)
Telephone Co., Inc. for a Certificate of Public )   Docket No. 06-2469-01
Convenience and Necessity to Provide Local )
Exchange Services within the State of Utah      )

In the Matter of the Application of IDT        )
America Corp. For a Certificate of Public      )    Docket No. 06-2464-02
Convenience and Necessity to Provide Local     )
Exchange Services within the State of Utah     )


                   MOTION FOR PROTECTIVE ORDER



             Under the provisions of Utah Public Service Commission Rule

R746-100-8 and as directed by the Commission at the August 1, 2006 scheduling

conference, the Utah Committee of Consumer Services moves the Commission to
enter a protective order in the form attached hereto. As grounds for the motion,

the Committee contends that:

       1.     The entry of the proposed Protective Order will afford protection to

confidential, trade secret, and proprietary business information.

       2.     The proposed Protective Order is fair and equitable to all parties and

provides the parties and the Commission with access to information while

allowing for the protection of the integrity of confidential information.

       Dated this 5th day of September 2006.


                                           _______________________
                                           Paul H. Proctor
                                           Assistant Attorney General
                                           Utah Committee of Consumer Services
                         CERTIFICATE OF SERVICE

       I hereby certify that a true and correct copy of the foregoing Motion for
Protective Order and was served upon the following by e-mail September 5, 2006:

Michael Ginsberg
Patricia Schmid
ASSISTANT ATTORNEYS GENERAL
Division of Public Utilities
Heber M. Wells Building, 5th Floor
160 East 300 South
Salt Lake City, UT 84111
mailto:mginsberg@utah.gov
pschmid@utah.gov

Judith O. Hooper
Beehive Telephone Co., Inc.
2000 East Sunset Rd.
Lake Point, UT 84074
hooper@beehive.net

Stephen F. Mecham (4089)
Callister Nebeker & McCullough for the Utah Rural Telecom Association
10 East South Temple, Suite 900
Salt Lake City, Utah 84133
Email: sfmecham@cnmlaw.com

Carl Wolf Billek, Associate General Counsel
Ana Bataille, Regulatory Compliance Manager
IDT America, Corp.
520 Broad Street
Newark, NJ 07102-3111
Email: mailto:Carl.Billek@corp.idt.net
Email: mailto:Ana.Bataille@corp.idt.net



                                        /s/_______________________
                                        Paul H. Proctor
                                        Assistant Attorney General
         BEFORE THE PUBLIC SERVICE COMMISSION OF UTAH


In the Matter of the Application of Beehive    )
Telephone Co., Inc. For a Certificate of       )     Docket No. 06-051-01
Public Convenience and Necessity to Provide    )
Local Exchange Services within the State       )
of Utah                                        )

In the Matter of the Application of All American)
Telephone Co., Inc. for a Certificate of Public )    Docket No. 06-2469-01
Convenience and Necessity to Provide Local )
Exchange Services within the State of Utah      )

In the Matter of the Application of IDT        )
America Corp. For a Certificate of Public      )     Docket No. 06-2464-02
Convenience and Necessity to Provide Local     )
Exchange Services within the State of Utah     )



                            PROTECTIVE ORDER

 ISSUED:

 By the Commission:

      On September 5, 2006, the Utah Committee of Consumer Services filed a

 Motion for Protective Order and a Proposed Order in the above-entitled Dockets.

 These Dockets are not consolidated, but the Commission has determined that for

 the purposes of pre-hearing proceedings, including discovery and technical

 conferences, the three Dockets shall be commonly scheduled and managed.

       The Commission finds that sufficient grounds exist for entry of a

 Protective Order.

       NOW, THEREFORE, IT IS HEREBY ORDERED, that:
       1.     (A) Confidential Information. A party may designate as

confidential, any documents, data, information, studies and other materials

furnished, or made available pursuant to any interrogatories, or requests for

information, subpoenas, depositions, or other modes of discovery that the party

claims is covered by Utah Rule of Civil Procedure 26(c)(7), a trade secret or

other confidential research, development or commercial information. To the

extent practicable, parties must scrutinize potentially confidential material and

limit the amount designated “Confidential Information” to only information that

reasonably compromises a party’s ability to fairly compete or reasonably imposes

a business risk if disseminated with the protections provided in this Order.

Information designated “Confidential Information” shall be furnished pursuant to

the terms of this Order, and shall be used or disclosed by all persons accorded

access thereto pursuant to this Order only for the purpose of this proceeding, and

solely in accordance with this Order. All information claimed to be Confidential

Information shall be so marked by the party or its affiliates by stamping the same

with the designation, “CONFIDENTIAL - - SUBJECT TO PROTECTIVE

ORDER” or “CONFIDENTIAL - - SUBJECT TO PROTECTIVE ORDER

IN DOCKET NOS. 06-051-01, 06-2469-01 and 06-2464-02.” All copies of

documents so marked will be made on yellow paper. Parties filing electronically

should file both a confidential and non-confidential version clearly marked as

such. For purposes hereof, notes made pertaining to or as the result of a review of
Confidential Information shall be considered Confidential Information and

subject to the terms of this Order.

                (B)   Application of the Utah Government Records Access &

Management Act. The Commission, the Division, and the Committee and the

Committee staff shall classify designated “Confidential Information” as

“protected records” under the Utah Government Records Access & Management

Act, Utah Code Title 63, Chapter 2. The Utah GRAMA classification together

with this Protective Order, shall govern these governmental entities’ use,

disclosure and records management practices pertaining to “Confidential

Information”.

                (C) Use of Confidential Information and Persons Entitled to

Review. Except as provided for the Public Service Commission of Utah, and for

the Division of Public Utilities and the Utah Committee of Consumer Services,

whose appearance and participation in this proceeding is statutorily authorized,

all Confidential Information made available pursuant to this Order shall be given

solely to counsel for the parties and shall not be used nor disclosed except for the

purpose of this proceeding; provided, however, that access to any specific

Confidential Information may be authorized by counsel, solely for the purpose of

this proceeding, to those persons indicated by the parties as being their experts in

this matter. Persons designated as experts shall not include persons employed by

the parties who could use the information in their normal job functions to the
competitive disadvantage of the party providing the Confidential Information.

The Public Service Commission, the Division and the Committee, and their

respective counsel, and staff, under and pursuant to the applicable provisions of

Title 54, Utah Code Ann., the Rules of Civil Procedure and the Rules of the

Commission, may have access to any Confidential Information made available

pursuant to this Order and shall be bound by the terms of this Order, except for

the requirement of signing a nondisclosure agreement.

             (D) Nondisclosure Agreement. Prior to giving access to

Confidential Information, as contemplated in paragraph 1(C) above to any expert

designated to testify in this proceeding, counsel for the party seeking review of

the Confidential Information shall deliver a copy of this Order to such person

and, prior to disclosure such person shall agree in writing to comply with and be

bound by this Order. Confidential Information shall not be disclosed to any

person who has not signed a Nondisclosure Agreement in the form which is

attached hereto and incorporated herein as Appendix A. The Nondisclosure

Agreement (Appendix A) shall require the person to whom disclosure is to be

made to read a copy of this Protective Order and to certify in writing that he or

she has reviewed the same and has consented to be bound by its terms. The

agreement shall contain the signatory’s full name, permanent address and

employer, and the name of the party with whom the signatory is associated. Such
agreement shall be delivered to counsel for the providing party prior to the expert

gaining access to the Confidential Information.

              (E) Additional protective measures. A provider of documents and

information may claim that additional protective measures, beyond those required

under this Protective Order, are warranted for certain confidential material,

referred to as “Highly Sensitive Confidential Information”. Highly Sensitive

Confidential Information is information that if disclosed imposes a highly

significant risk of competitive harm to the disclosing party. In such case, the

provider shall identify such documents and information and shall inform the

requester of such documents and information of their claimed highly sensitive

nature as soon as possible. The provider of the requested information shall also

petition the Commission for an order granting additional protective measures

which the petitioner believes are warranted for the claimed highly sensitive

documents and information that is to be produced in response to an information

request. The provider shall set forth the particular basis for: the claim, the need

for the specific, additional protective measures, and the reasonableness of the

requested, additional protection. A party, who would otherwise receive the

documents and information under the terms of this Protective Order, may respond

to the petition and oppose or propose alternative protective measures to those

requested by the provider of the claimed highly sensitive documents and
information. Disputes between the parties shall be resolved pursuant to

Commission Order pursuant to Paragraph 2 of this Protective Order.

              (F) Classification and protective measure disputes. Information

that a party designates as Confidential Information or Highly Sensitive

Confidential Information and about which there is any dispute between the party

so claiming and any other private party, shall in any event be provided to the

Commission, the Division, and to the Committee and the Committee staff,

subject only to the additional condition that these governmental entities shall not

disclose such information to any other party until such time as the private parties

agree or the Commission decides the dispute.

       2.     (A) Challenge to Confidentiality or Proposed Additional Protective

Measures. This Order establishes a procedure for the expeditious handling of

Confidential Information; it shall not be construed as an agreement, or ruling on

the confidentiality of any document.

              (B) Subject to 1.(F) above, in the event that the parties hereto are

unable to agree that certain documents, data, information, studies, or other

matters constitute Confidential Information, are Highly Sensitive Confidential

Information, or agree on the appropriate treatment of confidential information,

the party objecting to the classification or the party claiming the need for

additional protective measures for Highly Sensitive Confidential Information,

shall forthwith submit the said matters to the Commission for its review pursuant
to this Order. When the Commission rules on the question of whether any

documents, data, information, studies, or other matters submitted to them for

review and determination are Confidential Information, are highly sensitive

documents and information, or the appropriate additional protection to be

afforded for specific highly sensitive documents and information, the

Commission will enter an order resolving the issue.

              (C) Any party at any time upon ten (10) days prior notice may seek

by appropriate pleading, to have documents that have been designated as

Confidential Information, or which were accepted into the sealed record in

accordance with this Order, removed from the protective requirements of this

Order, or from the sealed record and placed in the public record. If the

confidential, or proprietary nature of this information is challenged, resolution of

the issue shall be made by the Commission after proceedings in camera which

shall be conducted under circumstances such that only those persons duly

authorized hereunder to have access to such confidential matter shall be present.

The record of such in camera hearings shall be marked "CONFIDENTIAL--

SUBJECT TO PROTECTIVE ORDER IN CASE NOS. 06-051-01, 06-2469-

01 and 06-2464-02." It shall be transcribed only upon agreement by the parties,

or Order of the Commission, and in that event shall be separately bound,

segregated, sealed, and withheld from inspection by any person not bound by the

terms of this Order, unless and until released from the restrictions of this Order,
either through agreement of the parties, or after notice to the parties and hearing,

pursuant to an Order of the Commission. In the event the Commission should

rule in response to such a pleading that any information should be removed from

the protective requirements of this Order, or from the protection of the sealed

record, such Order of the Commission shall not be effective for a period of ten

(10) days after entry of the Order.

       3.     (A) Receipt into Evidence. Provision is hereby made for receipt of

evidence in this proceeding under seal. At least ten (10) days prior to the use of or

substantive reference to any Confidential Information as evidence, the party

intending to use such Confidential Information shall make that intention known

to the providing party. The requesting party and the providing party shall make a

good faith effort to reach an agreement so that the Information can be used in a

manner that will not reveal its confidential nature. If such efforts fail, the

providing party shall separately identify, within five (5) business days, which

portions, if any, of the documents to be offered or referenced on the record

containing Confidential Information shall be placed in the sealed record. Only

one (1) copy of documents designated by the providing party to be placed in the

sealed record shall be made and only for that purpose. Otherwise, parties shall

make only general references to Confidential Information in these proceedings.

              (B) Seal. While in the custody of the Commission, these materials

shall be marked "CONFIDENTIAL--SUBJECT TO PROTECTIVE ORDER IN
CASE NOS. 05-035-08 AND 05-035-09," and due to their nature they shall not

be considered as records in the possession of or retained by the Commission

within the meaning of the open meetings or public records statutes.

              (C) In Camera Hearing. Any Confidential Information that must be

orally disclosed to be placed in the sealed record in this proceeding shall be

offered in an in camera hearing attended only by persons authorized to have

access to the Confidential Information under this Order. Similarly, cross-

examination on or substantive reference to Confidential

Information, as well as that portion of the record containing references thereto,

shall be marked and treated as provided herein.

              (D) Appeal. Sealed portions of the record in this proceeding may be

forwarded to any court of competent jurisdiction on appeal in accordance with

applicable rules and regulations, but under seal as designated herein, for the

information and use of the court.

            (E) Return. Unless otherwise ordered, Confidential Information,

including transcripts of any depositions to which a claim of confidentiality is

made, shall remain under seal, shall continue to be subject to the protective

requirements of this Order, and shall be returned to counsel for the providing

party within 30 days after final settlement, or conclusion of this matter including

administrative, or judicial review thereof. Counsel who is provided access to

Confidential Information pursuant to the terms of this Order may retain their
notes, work papers or other documents that are considered the attorneys’ work

product created with respect to their use and access to Confidential Information

in this docket. An expert witness, accorded access to Confidential Information

pursuant to this Order, shall provide to counsel for the party on whose behalf the

expert was retained or employed, the expert’s notes, work papers or other

documents pertaining or relating to any Confidential Information. Counsel shall

retain these expert’s documents with counsel’s documents. In order to facilitate

their ongoing regulatory responsibility, this paragraph shall not apply to the

Commission, the Division or the Committee, which may retain Confidential

Information obtained under this Order subject to the other terms of this Order and

the Utah Government Records Access & Management Act. The Division and the

Committee may release or disclose Confidential Information obtained in this

docket to other parties in subsequent Commission dockets or proceedings,

pursuant to the terms of applicable protective orders issued in such other

subsequent Commission dockets or proceedings. The providing party shall be

notified in advance by any state regulatory agency that intends to use, release or

disclose any of the retained Confidential Information in any subsequent case.

       4. Uses in Pleadings. Where reference to Confidential Information in the

sealed record is required in pleadings, cross-examinations, briefs, arguments, or

motions, it shall be by citation of title, or exhibit number, or by some other non-

confidential description. Any further use of, or substantive references to
Confidential Information shall be placed in a separate section of the pleading, or

brief and submitted to the Commission under seal. This sealed section shall be

served only on the Division and the Committee’s counsel, and other counsel of

record (one copy each), who have signed a Nondisclosure Agreement. All the

protections afforded in this order apply to materials prepared and distributed

under this paragraph.

       5.    Use in Decisions and Orders. The Commission will attempt to refer

to Confidential Information in only a general, or conclusionary form and will

avoid reproduction in any decision of Confidential Information to the greatest

possible extent. If it is necessary for a determination in this proceeding to discuss

Confidential Information other than in a general, or conclusionary form, it shall

be placed in a separate section of this Order, or Decision, under seal. This sealed

section shall be served only on counsel of record (one copy each) who have

signed a Nondisclosure Agreement. Counsel for other parties shall receive the

cover sheet to the sealed portion and may review the sealed portion on file with

the Commission once they have signed a Nondisclosure Agreement.

       6.     Segregation of Files. Those parts of any writing, depositions

reduced to writing, written examination, interrogatories and answers thereto, or

other written references to Confidential Information in the course of discovery, if

filed with the Commission, will be sealed by the Commission, segregated in the

files of the Commission, and withheld from inspection by any person not bound
by the terms of this Order, unless such Confidential Information is released from

the restrictions of this Order, either through agreement of the parties, or after

notice to the parties and hearing, pursuant to the Order of the Commission and/or

final order of a court having jurisdiction.

       7.      Preservation of Confidentiality. All persons who may be entitled to

receive, or who are afforded access to any Confidential Information by reason of

this Order shall neither use, nor disclose the Confidential Information for

purposes of business or competition, or any other purpose other than the purposes

of preparation for and conduct of this proceeding, and then solely as

contemplated herein, and shall take reasonable precautions to keep the

Confidential Information secure in accordance with the purposes and intent of

this Order.

       8.      Reservation of Rights. The parties hereto affected by the terms of

this Protective Order further retain the right to question, challenge, and object to

the admissibility of any and all data, information, studies and other matters

furnished under the terms of this Protective Order in response to interrogatories,

requests for information, other modes of discovery, or cross-examination on the

grounds of relevancy or materiality. This Order shall in no way constitute any

waiver of the rights of any party to contest any assertion by a party, or finding by

the Commission that any information is a trade secret, confidential, or privileged,

and to appeal any assertion or finding.
          9.    The provisions of this Order are specifically intended to apply to

data, or information supplied by or from any party to this proceeding, and any

non-party that supplies documents pursuant to process issued by this

Commission.

          DATED at Salt Lake City, Utah, this   day of September, 2006.

                                          /s/ Richard M. Campbell, Chairman

                                          /s/Ron Allen, Commissioner

                                          /s/ Ted Boyer, Commissioner


Attest:

/s/ Julie Orchard
Commission Secretary
                    APPENDIX A TO PROTECTIVE ORDER

          IN DOCKET NOS. 06-051-01, 06-2469-01 and 06-2464-02.

I have reviewed the Protective Order entered by the Public Service Commission

of Utah in the above referenced Dockets with respect to the review and use of

confidential information and agree to comply with the terms and conditions of the

Protective Order.

                                               __________________________
                                               Signature

                                               __________________________
                                               Name (Type or Print)

                                                __________________________
                                                Residence Address

                                               __________________________
                                               Employer or Firm

                                               __________________________
                                               Business Address

                                               __________________________
                                               Party Represented

								
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